The objective of this essay is to explore the three situations in which it can be difficult to determine whether it was the defendant’s breach of duty that caused the damage in negligence, or whether it was a ‘novus actus interveniens’. Primarily this essay will address the first situation which is called Natural or “instinctive” intervention. Secondly this essay will identify the second intervention which is called intervening act of a third party. Finally this essay the will explain the third intervention
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essential to discover whether there was some act or omission by the defendant which caused damage to the plaintiff. Thus causation aims at connecting an act committed by an individual to the consequences of the same act faced by another individual. Once a connection gets established, that is, once it is proven that an act caused a specific harm or injury, remoteness comes into the picture. Remoteness can therefore be defined as an extension of causation in determining whether the defendant is at
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What is negligence? Negligence is the breach of a legal duty of care which causes loss or injury to the person to whom the duty is owned. There are three elements of an actionable negligence: 1. duty of care 2. breach of duty 3. damages resulting from that breach 1) Duty of care • Relational Proximity (neighbour = someone affected by your act) • Forseeability (any considerations that ought to reduce the scope of duty of care) • Whether is all
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wrongful act, whether intentional or accidentally which unfairly causes someone to suffer loss or harm from another party and this is lead to action to civil court. There are two ways to occur in civil liability which is either a breach of contract or a tort having been committed. Liability of tort is not undertaken voluntarily and its’ applied by the courts on the basis that certain types of conduct ensure the imposition of tortious liability. Examples of tort situations are negligence, nuisance, trespassing
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Rea and Actus Reus. Mens Rea is Latin for 'guilty mind' and it is the mental thinking behind the crime which has been committed, it refers to the intentions of the person who committed the crime. For example, when someone commits theft their intention is to permanently deprive the owner/s of the object. Actus Reus is Latin for 'guilty act' and it can either be an act or a failure to act. For example, when someone commits theft they must've physically taken something. The three C's of Actus Reus must
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Rea and Actus Reus. Mens Rea is Latin for 'guilty mind' and it is the mental thinking behind the crime which has been committed, it refers to the intentions of the person who committed the crime. For example, when someone commits theft their intention is to permanently deprive the owner/s of the object. Actus Reus is Latin for 'guilty act' and it can either be an act or a failure to act. For example, when someone commits theft they must've physically taken something. The three C's of Actus Reus must
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edition of Bevan on Negligence stated that negligence is “it has to deal……with duties as they appear when the normal standard of performance is not attained…considering defaults in conduct, and only in the second place with the adequate discharge of obligations”. 1. DUTY OF CARE Gleeson CJ and Gummow J, the approach to determine a duty of care is to identify the “salient features” that combine to constitute a sufficiently close relationship to give rise to a duty of care. Reasonably
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the act (s347) 12 Joint Criminal Enterprise (acting in concert) 12 Doctrine of Innocent Agency 13 Accessories Before the Fact & Principals of the Second Degree 14 Actus Reus 14 Mens Rea 16 Doctrine of Common Purpose 16 ATTEMPT 20 Mens Rea (Heavily dependent on MR). 21 Actus Reus 21 LARCENY 24 Actus Reus 24 a. Taking & Carrying Away 24 b. Property Capable of Being Stolen 24 c. Property in Someone Else’s Possession 25 Abandoned by owner 26 d. Without Consent
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